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MEDIATOR: Shawn C. Conway (1956) REVIEWER: Willem H.F. van Veen, IMI Certified Mediator (see: www.imimediation.org). This Feedback Digest has been prepared in accordance with the IMI Guidelines, based on feedback from 7 participants in 5 mediations (one longtime ago and 4 from the last years) LAST UPDATE: - June 22th 2009 BACKGROUND MEDIATOR: Shawn Conway is both a practicing attorney and a mediator. He is often selected as a mediator because of his U.S. and European (legal) background and his cross-cultural experience. He has particular experience in the international trade, construction and engineering, energy and petrochemical, industrial manufacturing, pharmaceutical, consumer products and information technology sectors Mr. Conway is on the mediator list of the ADR Centre for Industry and Trade (ACB) (www.ACB-Group.com) and panel of neutrals of the International Centre Dispute Resolution (www.ADR.org). USER FEEDBACK: The feedback reflected in this Digest includes mediations conducted under the Netherlands Court-Annexed mediation scheme, the mediation rules of the ACB, and the Netherlands Mediation Institute (NMI). Most mediations involved parties from different countries. All but one involved international business transactions, which are representative of the mediator’s practice, such as disputes regarding international joint ventures, commercial transactions, and construction projects. Mr. Conway’s mediation skills are rated on an average of 4 on a scale of 1 (low) to 5 (high). Those responding on the question whether his skills made a decisive difference in the outcome referred to his understanding of U.S business practice and his first-hand knowledge of both Dutch and U.S. and trade issues (as well as his fluency in Dutch and English). One respondent commented that Mr. Conway’s language abilities and experience in the construction industry were reasons why he would recommend this mediator. Another user commented: “I think Shawn is one of the best mediators” giving as a reason “because he is one of the founders of Mediation, so he knows a lot about it.” (This is apparently a reference to his being a founder and member of the boards of the Netherlands Mediation Institute and the International Mediation Institute). The common thread through most reactions, however, would seem to be Mr. Conway’s transnational background in legal and business matters. Most respondents would recommend Mr. Conway as a mediator to others and would engage him again in a dispute in the future. The only one user responding “unsure” as to using Mr. Conway again was also the least positive than the rest on several points. He remarked: “mediation was unsuccessful. Parties later settled on their own.” The other party in that same mediation, however, stated that “the mediation did cause the parties to realise that resolution (through arbitration) would be lengthy and costly and that – combined with other factors – induced a settlement shortly after the termination of the mediation”. Mr. Conway himself also believes the settlement was a result of the neutral evaluation process within the mediation. Mr. Conway seems particularly suited to the type of complex (international) business dispute which characterizes his mediation practice. As the feedback reflects, his dual U.S. – European experience along with qualifications in both common law and civil law systems are apparently a significant factor in his being selected as a mediator. No reportable negative comments have arisen. Arnhem, June 22th 2009 Willem H.F. van Veen
This feedback digest was last updated 13 August 2009.
This feedback digest was last updated 13 August 2009.